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File #: 24-633    Version: 1
Type: New Business Status: Agenda Ready
File created: 11/7/2024 Meeting Body: Planning & Zoning Commission
On agenda: 11/12/2024 Final action:
Title Search: PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) for a proposed 11,000 square-foot multitenant building. An SUP is requested to allow a one-story building, to allow Mo'Bettahs, a restaurant with drive-thru, and to allow one tenant to be a bank, with the condition that only one bank be allowed on the entire lot., on a 2.94-acre lot, located directly north of the Keller Parkway and Country Brook Drive intersection, legally described as Tract 2E, Abstract 28 of the Pamela Allen Survey and addressed 1241 Keller Parkway. Ryan McIntosh, Trinity Partners Commercial Real Estate, Applicant/Owner. (SUP-2410-0012)
Attachments: 1. 111224_1241 Keller Pkwy SUP-2410-0012_MAPS, 2. 111224_1241 Keller Pkwy SUP_Survey, 3. 111224_1241 Keller Pkwy SUP_Applicant Proposal, 4. 111224_1241 Keller Pkwy SUP_Concept Plan, 5. 24182 - A2.0 Exterior Elevations_11.11.2024, 6. 24182 - A2.1 Exterior Elevations_11.11.2024

To:                     Planning and Zoning Commission

From:                     Sarah Hensley, Director of Community Development

Subject:

Title

PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) for a proposed 11,000 square-foot multitenant building. An SUP is requested to allow a one-story building, to allow Mo’Bettahs, a restaurant with drive-thru, and to allow one tenant to be a bank, with the condition that only one bank be allowed on the entire lot., on a 2.94-acre lot, located directly north of the Keller Parkway and Country Brook Drive intersection, legally described as Tract 2E, Abstract 28 of the Pamela Allen Survey and addressed 1241 Keller Parkway. Ryan McIntosh, Trinity Partners Commercial Real Estate, Applicant/Owner. (SUP-2410-0012)

Body

Background:

The Applicant intends to construct two multitenant buildings on the lot at 1241 Keller Parkway. This item is related to the building on Parcel 8, the eastern-most building.

 

Site Design:

The proposed structure is a one-story, approximately 11,000 square-foot building with two tenant spaces. UDC Section 8.17(4)(B)(1) states “the building height in the Town Center district shall be two (2) stories, not to exceed thirty-five (35) feet.”

 

1.                     An SUP is requested to allow a one-story building.

 

The proposed elevations show a combination of brick, stone and stucco on the west and south elevations. The Applicant intends to meet all Unified Development Code (UDC) requirements for landscaping, parking and other site design. Because the property is in Town Center, a site plan must be submitted for consideration by the Planning and Zoning Commission and City Council, even if no variances are requested, prior to the submittal of any building permit applications.

 

Business Details:

The tenant for the eastern endcap of the structure will be leased to Mo Bettah’s, a Hawaiian grill restaurant with a drive-thru, with operating hours generally from 10:30 a.m. - 10 p.m. daily. The western endcap will be occupied by First Watch, a breakfast, brunch and lunch restaurant without a drive-thru and hours generally from 7 a.m. - 2:30 p.m. daily. Both restaurants will have patios along the front façade of the building. The Applicant does not yet have a tenant for the middle section of the building and is requesting the ability to lease the space to a bank.

 

An SUP is required for a restaurant with drive-thru, and for a bank (with or without a drive-thru) in Town Center. The Applicant has stated that only one bank would be included in the development but could be located on Parcel 8 or Parcel 9.

 

2.                     An SUP is requested to allow a restaurant with drive-thru.

3.                     An SUP is requested to allow a bank, with the condition that only one bank be allowed on the entire lot.

 

Zoning:

The subject property is zoned Town Center. Surrounding zoning is as follows:

 

North: Single-Family Residential 8,400 square-foot lots (Saddlebrook Estates)

South: Town Center

East: Town Center

West: Town Center

 

Land Use:

The subject property is designated Mixed-Use (MU) on the city’s Future Land Use Plan (FLUP). Surrounding land use designations are as follows:

 

North: High-Density Single Family Residential

South: MU

East: MU

West: MU

 

Summary:

Section 8.02 (F)(2) of the UDC states that when considering an SUP request, the Planning and Zoning Commission shall consider the following factors:

 

1)                     The use is harmonious and compatible with surrounding existing uses or proposed uses;

 

2)                     The activities requested by the applicant are normally associated with the permitted uses in the base district;

 

3)                     The nature of the use is reasonable and appropriate in the immediate area;

 

4)                     Any negative impact on the surrounding area has been mitigated; and

                     

5)                     That any additional conditions specified ensure that the intent of the district purposes are being upheld.

                     

 

Citizen Input:

On October 31, 2024, the City mailed out 34 letters of notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site.

 

Staff has received no letters of support or opposition in response to this SUP request.

 

Alternatives:

The Planning and Zoning Commission has the following options when considering a Specific Use Permit:

 

§                     Recommend approval as submitted.

§                     Recommend approval with modified or additional condition(s).

§                     Table the agenda item to a specific date with clarification of intent and purpose.

§                     Recommend denial.

                     

City Council Action:

If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this Specific Use Permit application will be scheduled for City Council action on December 3, 2024.